Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 1 of 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA DEMAND FOR JURY TRIAL PETER ROSE, Case No. Plaintiff, v. COMPLAINT JOHN DOWD, Defendant. Plaintiff Peter Rose (“Rose”), by his attorneys, Martin Garbus (pro hac vice pending), counsel to Eaton & Van Winkle LLP, and August J. Ober, IV of the Law Offices of August J. Ober, IV and Associates, LLC, as and for his complaint in the above-entitled action, hereby alleges as follows: PARTIES 1. Rose is a natural person who is a citizen of the State of Nevada, residing in Las Vegas, Nevada. 2. Defendant John Dowd (“Dowd”) is a natural person who, upon information and belief, is a citizen of the States of Massachusetts and/or Virginia, residing in Chatham, Massachusetts and/or Vienna, Virginia. JURISDICTION AND VENUE 3. The Court has subject matter jurisdiction over the state law claims asserted in this action based on diversity of citizenship pursuant to 28 U.S.C. §1332(a) because the matter in controversy (a) exceeds the sum or value of $75,000, exclusive of interest and costs, and (b) is between citizens of different States. 4. This District is a proper venue for this action pursuant to 28 U.S.C. §1391 because a substantial part of the events or omissions giving rise to the claims occurred in this District. Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 2 of 19 FACTS COMMON TO ALL CLAIMS I. Rose’s Major League Baseball Career 5. Rose is a former professional Major League Baseball (“MLB”) player and manager. Rose played in MLB from 1963 to 1986. 6. Rose played for the Cincinnati Reds (the “Reds”) from 1963 to 1978. During that time he was known as the heart and soul of one of MLB’s greatest all time teams, the Big Red Machine. During the 1970s, Rose and the Reds won six National League (“NL”) West Division titles, four NL pennants, and two World Series titles. 7. Rose played for the Philadelphia Phillies (the “Phillies”) from 1979-1983, during which they won three NL East Division titles and a World Series title. 8. At the time the Phillies signed Rose, he had more lucrative offers from other teams. When asked why he accepted the Phillies’ offer, Rose explained that the Phillies were his first choice. 9. Rose helped deliver the Phillies their first ever World Series title in 1980, his second season as a Phillie. 10. Rose resumed his career with the Reds in 1984 and immediately became their player- manager. On September 11, 1985, Rose broke Ty Cobb's all-time hits record. 11. After retiring as a player in 1986, Rose continued to manage the Reds until on or about August 24, 1989. 12. Rose’s playing honors include the NL Rookie of the Year, three NL batting titles, two gold glove awards, NL MVP, and World Series MVP. Rose was a seventeen-time All-Star and remains MLB’s all-time hits record-holder with 4,256 career hits. 2 Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 3 of 19 II. Rose on MLB’s Ineligible List 13. Because of reports that Rose had bet on baseball, MLB began a confidential investigation concerning whether he engaged in conduct not in the best interests of baseball. 14. Upon information and belief, in 1989, Dowd was a practicing attorney associated with the firm of Akin, Gump, Hauer & Feld LLP (“Akin Gump”). 15. On or about February 23, 1989, Dowd, through Akin Gump, was engaged by the Office of the Commissioner of MLB to act as special counsel to confidentially investigate Rose. 16. Upon information and belief, in connection with that confidential investigation, Dowd and two associates and/or detectives interviewed 110 witnesses and compiled thousands of pages of documentation. 17. One of the people interviewed by Dowd was Michael Bertolini, with whom Rose had associated. 18. Dowd issued a confidential written report to the Commissioner, dated May 9, 1989 (the “Dowd Report”). It was two hundred and twenty five pages long, and was a compilation of all the evidence he had garnered against Rose. It included a detailed analysis of the results of his investigation, based on recorded conversations, testimony under oath and documentary evidence compiled and relied upon. In the Dowd Report, Dowd concluded that Rose had bet on the Reds in 1985-87 in violation of Major League Rule 21. A section of the Dowd Report was dedicated to the “Rose-Bertolini Betting”. 19. That confidential investigation culminated in a confidential agreement, on or about August 23, 1989, between Rose and the Office of the Commissioner of MLB, who at the time was Commissioner of MLB A. Bartlett Giamatti. The Commissioner did not make any formal findings, but Rose acknowledged that Giamatti had a factual basis to impose a penalty. The 3 Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 4 of 19 Commissioner imposed and Rose accepted a disciplinary sanction declaring him ineligible in accordance with Major League Rule 21 and placed on the Ineligible List, but reserving his right to apply for reinstatement. Rose was (and has been) effectively banned from working in MLB or participating in MLB events without permission. 20. Being on the Ineligible List also effectively barred Rose from being eligible to be elected to the National Baseball Hall of Fame, pursuant to a rule it adopted in 1991. III. Dowd’s prior efforts to harm and injure Rose and inconsistencies in regard to his statements made 21. Ever since Dowd investigated Rose in 1989 and Rose was placed on the Ineligible List, Dowd actively sought to prevent Rose from ever being reinstated by MLB or elected to the Hall of Fame, and he ultimately made maliciously false and reckless claims against Rose (as more fully set forth, infra). 22. Over the years, Rose has sought reinstatement with MLB. In 1992, Rose first applied for reinstatement. It was the last year of Fay Vincent’s tenure as Commissioner. When he was a deputy commissioner for MLB, he had recommended Dowd to be special counsel. As Commissioner, Vincent never acted on Rose's application. 23. In 1998, Rose applied for reinstatement with Vincent's successor, Commissioner Bud Selig. Though it was reported that Selig seriously considered it and met with Rose on November 25, 2002, he never acted on Rose’s applications. Nevertheless, as a result, Dowd openly advocated against Rose and his reinstatement, as evidenced by various conflicting statements he made in the press. 24. The Dowd Report expressly states that “[n]o evidence was discovered that Rose bet against the Cincinnati Reds.”1 1 This is stated at page three, FN 3 of the Dowd Report. 4 Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 5 of 19 25. But on December 12, 2002, NY Post reporter Joel Sherman reported that “Dowd said he had reliable evidence that Rose indeed bet against his team and was ‘close’ to being able to officially put it into his report, but was prevented by the need to get the report done quickly.” Dowd has never identified this purportedly reliable evidence to which he referred in his interview with Mr. Sherman because he had no such evidence. (A true and correct online copy of Sherman’s 12-12-02 article is attached hereto as Exhibit 1.) 26. On the very same day that the NY Post reported that Dowd said he had “reliable evidence” that Rose bet against the Reds, NY’s Daily News reported about its interview with Dowd, in which he admitted that he did not find any evidence that Rose bet on the Reds to lose. (A true and correct online copy of O’Keefe’s 12-12-02 article is attached hereto as Exhibit 2.) 27. These direct contradictions by Dowd on the very same subject matter are evidence that Dowd would lie when his personal animus toward Rose overcame him. Dowd’s statement that he had reliable evidence that Rose bet against the Reds was maliciously false and reckless and intended to harm Rose. 28. On or about May 19, 2003, Dowd was interviewed by Bob Edwards of National Public Radio (along with Cincinnati Reds broadcaster Marty Brennaman). Dowd made clear that he thought Rose should not be reinstated under any circumstance. (A true and correct online copy of NPR’s article about its 5-19-03 interview is attached hereto as Exhibit 3.) 29. As reported by the LA Times in a January 6, 2004 article by David Wharton ([published at http://articles.latimes]), Dowd created a website at http://www.thedowdreport.com entitled “DowdReport.com” which states, among other things, “[r]ecently, there has been much renewed interest in the Dowd report and in Pete Rose’s lifetime banishment from Baseball.” (A true and correct online copy of Wharton’s 1-6-04 article is attached hereto as Exhibit 4.) 5 Case 2:16-cv-03681-PBT Document 1 Filed 07/06/16 Page 6 of 19 30. For twelve or more years, Dowd has maintained his website and posted the Dowd Report, where it remains to this day (as of the filing of this complaint). On his website, Dowd never recanted his charge to Mr. Sherman (and others, as identified below) that he had evidence that Rose bet against the Reds. IV. Dowd’s concerted effort to prevent Rose from being reinstated leading up to the July 14, 2015 All-Star Game in Cincinnati 31.